Download or read book Speech Citizenry and the Market written by Deven R. Desai and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate speech is out of balance. Corporations now enjoy expanded speech rights, but the ability to speak about corporations is restricted. This situation must change. That corporations are people for First Amendment questions is a fait accompli. We can debate the merits or wisdom of that fact, but the fact remains. I argue that under current Supreme Court jurisprudence, corporations are not only people for speech purposes, but corporations are often public figures. Corporations no longer exist in a purely commercial world. Like other public figures, corporations affect public affairs, take political positions, engage in matters of public concern and controversy, and have reputations. A host of political issues from fair trade to gay rights to organic farming to children's development to gender bias to labor and more intersect with and are shaped by corporate policies. Thus Google urges countries to embrace gay rights; Mattel launches a girl power campaign; activists question Nike's labor practices, McDonald's food processing, and Shell Oil's business practices; and bloggers police the Body Shop's claims about its manufacturing practices. The social, political, and commercial have converged, and corporate reputations rest on social and political matters as much, if not more, than commercial matters. A foundational commitment of free speech law, perhaps the foundational commitment, is that public figures don't and can't own their reputations. Yet, through trademark and commercial speech doctrines corporations have powerful control over their reputations. If corporations are people for free speech purposes, as a constitutional matter, their control over their reputations can be no greater than the control other public figures have. Corporations cannot have it both ways. Corporations want and receive many of the legal rights natural persons receive. They should be subject to the same limits as other powerful, public figures.
Download or read book The Corporate Free speech Movement written by Robert L. Kerr and published by LFB Scholarly Publishing. This book was released on 2008 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Liberty written by John Stuart Mill and published by . This book was released on 1882 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Capitalism v Democracy written by Timothy Kuhner and published by Stanford Law Books. This book was released on 2014-06-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.
Download or read book Truthiness written by Ashutosh Avinash Bhagwat and published by . This book was released on 2014 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is an invited response to Deven Desai's excellent article, Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine. Desai argues that modern law has created an asymmetry in the treatment of corporations. The source of the problem, Desai argues, is that cases like Citizens United v. Federal Election Commission provide robust protection for corporate speech. At the same time, however, trademark law and (to a lesser extent) the commercial speech doctrine permit corporations to silence the speech of others criticizing them. The result is an uneven playing field, where corporations have robust rights to strengthen their reputations, while critics are hamstrung. The solution Desai proposes is a “corporate public figure doctrine.” Drawing on Supreme Court's landmark decision in New York Times v. Sullivan regarding defamation law and the First Amendment, Desai argues that in order to bring legal claims for infringement or dilution of their trademarks, corporations should be required to prove falsehood and “actual malice,” meaning knowledge or reckless disregard of the truth. This, Desai concludes, will provide the robust protection for speech criticizing corporations that the First Amendment demands.I agree with many of Desai's arguments, including the increasingly important political role of corporations, and fact that trademark law unfairly restricts criticism of corporations. My primary critique of Desai's paper focuses on the appropriateness of importing the falsehood requirement from defamation into trademark dilution law. I argue that there is a disconnect here, just as there was a fundamental disconnect in the Supreme Court's importation of falsehood and actual malice into the intentional infliction of emotional distress tort. The problem is that neither trademark dilution or IIED turn in any way on falsehood or the harms caused by falsehood. I conclude by exploring the implications of this insight for Desai's analysis, and for trademark dilution law.
Download or read book The Age of Surveillance Capitalism written by Shoshana Zuboff and published by PublicAffairs. This book was released on 2019-01-15 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges to humanity posed by the digital future, the first detailed examination of the unprecedented form of power called "surveillance capitalism," and the quest by powerful corporations to predict and control our behavior. In this masterwork of original thinking and research, Shoshana Zuboff provides startling insights into the phenomenon that she has named surveillance capitalism. The stakes could not be higher: a global architecture of behavior modification threatens human nature in the twenty-first century just as industrial capitalism disfigured the natural world in the twentieth. Zuboff vividly brings to life the consequences as surveillance capitalism advances from Silicon Valley into every economic sector. Vast wealth and power are accumulated in ominous new "behavioral futures markets," where predictions about our behavior are bought and sold, and the production of goods and services is subordinated to a new "means of behavioral modification." The threat has shifted from a totalitarian Big Brother state to a ubiquitous digital architecture: a "Big Other" operating in the interests of surveillance capital. Here is the crucible of an unprecedented form of power marked by extreme concentrations of knowledge and free from democratic oversight. Zuboff's comprehensive and moving analysis lays bare the threats to twenty-first century society: a controlled "hive" of total connection that seduces with promises of total certainty for maximum profit -- at the expense of democracy, freedom, and our human future. With little resistance from law or society, surveillance capitalism is on the verge of dominating the social order and shaping the digital future -- if we let it.
Download or read book We the Corporations How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Download or read book Making Politics Work for Development written by World Bank and published by World Bank Publications. This book was released on 2016-07-14 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments fail to provide the public goods needed for development when its leaders knowingly and deliberately ignore sound technical advice or are unable to follow it, despite the best of intentions, because of political constraints. This report focuses on two forces—citizen engagement and transparency—that hold the key to solving government failures by shaping how political markets function. Citizens are not only queueing at voting booths, but are also taking to the streets and using diverse media to pressure, sanction and select the leaders who wield power within government, including by entering as contenders for leadership. This political engagement can function in highly nuanced ways within the same formal institutional context and across the political spectrum, from autocracies to democracies. Unhealthy political engagement, when leaders are selected and sanctioned on the basis of their provision of private benefits rather than public goods, gives rise to government failures. The solutions to these failures lie in fostering healthy political engagement within any institutional context, and not in circumventing or suppressing it. Transparency, which is citizen access to publicly available information about the actions of those in government, and the consequences of these actions, can play a crucial role by nourishing political engagement.
Download or read book Unfree Speech written by Samantha Sellinger and published by Princeton University Press. This book was released on 2009-02-09 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In Unfree Speech, he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power. Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity. Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. Unfree Speech draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.
Download or read book Rhetorical Citizenship and Public Deliberation written by Christian Kock and published by Penn State Press. This book was released on 2015-06-29 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship has long been a central topic among educators, philosophers, and political theorists. Using the phrase “rhetorical citizenship” as a unifying perspective, Rhetorical Citizenship and Public Deliberation aims to develop an understanding of citizenship as a discursive phenomenon, arguing that discourse is not prefatory to real action but in many ways constitutive of civic engagement. To accomplish this, the book brings together, in a cross-disciplinary effort, contributions by scholars in fields that rarely intersect. For the most part, discussions of citizenship have focused on aspects that are central to the “liberal” tradition of social thought—that is, questions of the freedoms and rights of citizens and groups. This collection gives voice to a “republican” conception of citizenship. Seeing participation and debate as central to being a citizen, this tradition looks back to the Greek city-states and republican Rome. Citizenship, in this sense of the word, is rhetorical citizenship. Rhetoric is thus at the core of being a citizen. Aside from the editors, the contributors are John Adams, Paula Cossart, Jonas Gabrielsen, Jette Barnholdt Hansen, Kasper Møller Hansen, Sine Nørholm Just, Ildikó Kaposi, William Keith, Bart van Klink, Marie Lund Klujeff, Manfred Kraus, Oliver W. Lembcke, Berit von der Lippe, James McDonald, Niels Møller Nielsen, Tatiana Tatarchevskiy, Italo Testa, Georgia Warnke, Kristian Wedberg, and Stephen West.
Download or read book The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Download or read book Citizens vs Markets written by Lorenzo Fioramonti and published by Routledge. This book was released on 2017-07-05 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: After an apparent temporary relief, the financial crisis is back full steam. The ?double dip? has turned into a full-blown meltdown of financial markets, public budgets and, by and large, democratic accountability. This global crisis is a fundamental wake-up call: a signal that our conventional political economy and, perhaps, the very foundations of our societies need a serious rethink. Currently, the spotlight is on the role of political elites and economic agents (especially the investors included in the vague notion of ?markets?) and their strategies to stabilize or destabilize countries, from North America to the Eurozone. Regrettably, the actual and potential role of civil society is hardly mentioned in public debate. Yet, it is exactly within civil society that important responses to the crisis may emerge. It is within civil society that an alternative paradigm and a fundamental rethinking of conventional wisdom may be fostered. Citizens vs. Markets is the first book to unpack the transformative role of civil society in a sector in which it has traditionally been less proactive, in order to reflect on possible forms of social transformation that are not merely remedial but also constructive in nature. This is the most important struggle of our times.This book was published as a special issue of the Journal of Civil Society.
Download or read book Citizens of Nowhere written by Lorenzo Marsili and published by Zed Books Ltd.. This book was released on 2018-05-15 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe might appear like a continent pulling itself apart. Ten years of economic and political crises have pitted North versus South, East versus West, citizens versus institutions. And yet, these years have also shown a hidden vitality of Europeans acting across borders, with civil society and social movements showing that alternatives to the status quo already exist. This book is at once a narrative of the experience of activism and a manifesto for change. Through analysing the ways in which neoliberalism, nationalism and borders intertwine, Marsili and Milanese – co-founders of European Alternatives – argue that we are in the middle of a great global transformation, by which we have all become citizens of nowhere. Ultimately, they argue that only by organising in a new transnational political party will the citizens of nowhere be able to struggle effectively for the utopian agency to transform the world.
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Download or read book A Consumers Republic written by Lizabeth Cohen and published by Vintage. This book was released on 2008-12-24 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this signal work of history, Bancroft Prize winner and Pulitzer Prize finalist Lizabeth Cohen shows how the pursuit of prosperity after World War II fueled our pervasive consumer mentality and transformed American life. Trumpeted as a means to promote the general welfare, mass consumption quickly outgrew its economic objectives and became synonymous with patriotism, social equality, and the American Dream. Material goods came to embody the promise of America, and the power of consumers to purchase everything from vacuum cleaners to convertibles gave rise to the power of citizens to purchase political influence and effect social change. Yet despite undeniable successes and unprecedented affluence, mass consumption also fostered economic inequality and the fracturing of society along gender, class, and racial lines. In charting the complex legacy of our “Consumers’ Republic” Lizabeth Cohen has written a bold, encompassing, and profoundly influential book.
Download or read book Super PACs written by Louise I. Gerdes and published by Greenhaven Publishing LLC. This book was released on 2014-05-20 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of Citizens United by the Supreme Court in 2010 sparked a renewed debate about campaign spending by large political action committees, or Super PACs. Its ruling said that it is okay for corporations and labor unions to spend as much as they want in advertising and other methods to convince people to vote for or against a candidate. This book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others.
Download or read book The Limits of the Market written by Paul de Grauwe and published by Oxford University Press. This book was released on 2017 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The old discussion of 'Market or State' is obsolete. There will always have to be a mix of market and state. The only relevant question is what that mix should look like. How far do we have to let the market go its own way in order to create as much welfare as possible for everyone? What is the responsibility of the government in creating welfare? These are difficult questions. But they are also interesting questions and Paul De Grauwe analyses them in this book. The desired mix of market and state is anything but easy to bring about. It is a difficult and sometimes destructive process that is constantly in motion. There are periods in history in which the market gains in importance. During other periods the opposite occurs and government is more dominant. The turning points in this pendulum swing typically seem to coincide with disruptive events that test the limits of market and state. Why we experience this dynamic is an important theme in the book. Will the market, which today is afforded a greater and greater role due to globalization, run up against its limits? Or do the financial crisis and growing income inequality show that we have already reached those limits? Do we have to brace ourselves for a rejection of the capitalist system? Are we returning to an economy in which the government is running the show?
